NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

FIFTIETH DAY

------------

MORNING SESSION

------------

Senate Chamber, Olympia, Monday, February 28, 2000

      The Senate was called to order at 10:00 a.m. by Vice President Pro Tempore Bauer. The Secretary called the roll and announced to the Vice President Pro Tempore that all Senators were present except Senators Fairley, Finkbeiner, Oke, Sellar and Wojahn On motion of Senator Eide, Senators Fairley and Wojahn were excused. On motion of Senator Honeyford, Senators Finkbeiner, Oke and Sellar were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Dylan Hughes and Krystal Rasmussen, presented the Colors. Reverend David Robin, pastor of the First Presbyterian Church in Tenino, offered the prayer.

MOTION

      On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.

MESSAGE FROM STATE OFFICE

STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000

February 24, 2000

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482

Dear Mr. Cook:

      Enclosed is the Department's Report to the Legislature entitled "Investigative Interview Pilot Sites." It is mandated under Chapter 389, Laws of 1999, Section 6.

      Please call Art Cantrall at (360) 902-7956 if you have questions regarding the report.

Sincerely,

LYLE QUASIM, Secretary

      The Department of Social and Health Services report on Investigative Interview Pilot Sites is on file in the Office of the Secretary of the Senate.

INTRODUCTION AND FIRST READING

SB 6858             by Senators Kohl-Welles, Heavey, Horn, Goings, Rasmussen, Eide and Winsley

AN ACT Relating to parks, recreation, transportation, housing, shelters, hospitals, public hospitals, food banks, schools, and apportioning a sales and use tax for a metropolitan park district authorized under RCW 82.14.400; amending RCW 82.14.400; and creating a new section.

Referred to Committee on Ways and Means.

SB 6859             by Senators T. Sheldon, Hargrove, Snyder, Hochstatter, Hale, Loveland, Johnson, Goings, Horn, Swecker and Winsley

AN ACT Relating to safety and health standards; and adding a new section to chapter 49.17 RCW.

Referred to Committee on Ways and Means.

MOTION

      On motion of Senator Betti Sheldon, Senate Bill No. 6859 was referred to the Committee on Ways and Means.

MOTION

      On motion of Senator Swecker, the following resolution was adopted:

SENATE RESOLUTION 2000-8737

By Senators Swecker and Zarelli

      WHEREAS, The Washington State Senate supports excellence in all fields of human endeavor; and

      WHEREAS, The members of the Centralia High School girls’ basketball team have exhibited outstanding academic and athletic skill by winning both the Class 3A state academic championship and winning three out of four games at the Class 3A District tournament, qualifying them for the Class 3A State tournament; and

      WHEREAS, To win the Class 3A state academic championship, the Tigers achieved the top grade point average of all Class 3A girls’ basketball teams in the state with a team average of 3.752;

      WHEREAS, The Centralia girls’ basketball team, consisting of Andrea Gabler, Lisa Stezaker, Maleah Givens, Ashley Agnew, Callie Sande, Nicole McKinney, Stephanie McKinney, Melanie Hardesty, Leah Hoffman, Molly Parker, Dani McKinney, and Sara Wilcox, achieved this academic excellence, finished 13-2 in Pac-9 play, and are now working their way up the 3A tournament brackets; and

      WHEREAS, The Tiger girls’ basketball team benefitted from the leadership and support of Principal Jerry Bender, Athletic Director Mary Erickson, Coach Lisa Rakoz, and assistant coaches Henri Weeks and Mark Westley in their bid for academic and athletic championships; and

      WHEREAS, The team and its leadership have brought distinction and pride to Centralia High School, its students, its supporters, and the entire community;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor and congratulate the 1999-2000 Centralia High School girls’ basketball team for its hard work, dedication to academic and athletic excellence, and maturity in achieving this recognition; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the principal of Centralia High School and to the members and coaching staff of the 1999-2000 Centralia High School girls’ basketball team.

INTRODUCTION OF SPECIAL GUESTS

      The Vice President Pro Tempore welcomed and introduced members of the Centralia High School Girl's Basketball Team and their coaches, who were seated in the gallery.

MOTION

      At 10:19 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

      The Senate was called to order at 10:48 a.m. by Vice President Pro Tempore Bauer.

SECOND READING

      HOUSE BILL NO. 2848, by Representatives Hatfield, Benson and Keiser (by request of Insurance Commissioner Senn)

Safeguarding securities.

      The bill was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 2848 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2848.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2848 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

     Excused: Senators Fairley, Finkbeiner, Oke, Sellar and Wojahn - 5.

      HOUSE BILL NO. 2848, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2466, by House Committee on Natural Resources (originally sponsored by Representatives Regala, Ericksen, Buck, Linville, Anderson, Barlean and Mitchell)

Creating a ballast water monitoring program.

      The bill was read the second time.

MOTION

      On motion of Senator Jacobsen, the following Committee on Natural Resources, Parks and Recreation striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that some nonindigenous species have the potential to cause economic and environmental damage to the state and that current efforts to stop the introduction of nonindigenous species from shipping vessels do not adequately reduce the risk of new introductions into Washington waters.

       The legislature recognizes the international ramifications and the rapidly changing dimensions of this issue, and the difficulty that any one state has in either legally or practically managing this issue. Recognizing the possible limits of state jurisdiction over international issues, the state declares its support for the international maritime organization and United States coast guard efforts, and the state intends to complement, to the extent its powers allow it, the United States coast guard's ballast water management program.

       NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1) "Ballast tank" means any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.

       (2) "Ballast water" means any water and matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.

       (3) "Empty/refill exchange" means to pump out, until the tank is empty or as close to empty as the master or operator determines is safe, the ballast water taken on in ports, estuarine, or territorial waters, and then refilling the tank with open sea waters.

       (4) "Exchange" means to replace the water in a ballast tank using either flow through exchange, empty/refill exchange, or other exchange methodology recommended or required by the United States coast guard.

       (5) "Flow through exchange" means to flush out ballast water by pumping in midocean water at the bottom of the tank and continuously overflowing the tank from the top until three full volumes of water have been changed to minimize the number of original organisms remaining in the tank.

       (6) "Nonindigenous species" means any species or other viable biological material that enters an ecosystem beyond its natural range.

       (7) "Open sea exchange" means an exchange that occurs fifty or more nautical miles offshore. If the United States coast guard requires a vessel to conduct an exchange further offshore, then that distance is the required distance for purposes of compliance with this chapter.

       (8) "Recognized marine trade association" means those trade associations in Washington state that promote improved ballast water management practices by educating their members on the provisions of this chapter, participating in regional ballast water coordination through the Pacific ballast water group, assisting the department in the collection of ballast water exchange forms, and the monitoring of ballast water. This includes members of the Puget Sound marine committee for Puget Sound and the Columbia river steamship operators association for the Columbia river.

       (9) "Sediments" means any matter settled out of ballast water within a vessel.

       (10) "Untreated ballast water" includes exchanged or unexchanged ballast water that has not undergone treatment.

       (11) "Vessel" means a self-propelled ship in commerce of three hundred gross tons or more.

       (12) "Voyage" means any transit by a vessel destined for any Washington port.

       (13) "Waters of the state" means any surface waters, including internal waters contiguous to state shorelines within the boundaries of the state.

       NEW SECTION. Sec. 3. (1) This chapter applies to all vessels carrying ballast water into the waters of the state from a voyage, except:

       (a) A vessel of the United States department of defense or United States coast guard subject to the requirements of section 1103 of the national invasive species act of 1996, or any vessel of the armed forces, as defined in 33 U.S.C. Sec. 1322(a)(14), that is subject to the uniform national discharge standards for vessels of the armed forces under 33 U.S.C. Sec. 1322(n);

       (b) A vessel (i) that discharges ballast water or sediments only at the location where the ballast water or sediments originated, if the ballast water or sediments do not mix with ballast water or sediments from areas other than open sea waters; or (ii) that does not discharge ballast water in Washington waters;

       (c) A vessel traversing the internal waters of Washington in the Strait of Juan de Fuca, bound for a port in Canada, and not entering or departing a United States port, or a vessel in innocent passage, which is a vessel merely traversing the territorial sea of the United States and not entering or departing a United States port, or not navigating the internal waters of the United States; and

       (d) A crude oil tanker that does not exchange or discharge ballast water into the waters of the state.

       (2) This chapter does not authorize the discharge of oil or noxious liquid substances in a manner prohibited by state, federal, or international laws or regulations. Ballast water containing oil, noxious liquid substances, or any other pollutant shall be discharged in accordance with the applicable requirements.

       (3) The master or operator in charge of a vessel is responsible for the safety of the vessel, its crew, and its passengers. Nothing in this chapter relieves the master or operator in charge of a vessel of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers.

       NEW SECTION. Sec. 4. The owner or operator in charge of any vessel covered by this chapter is required to ensure that the vessel under their ownership or control does not discharge ballast water into the waters of the state except as authorized by this section.

       (1) Discharge into waters of the state is authorized if the vessel has conducted an open sea exchange of ballast water. A vessel is exempt from this requirement if the vessel's master reasonably determines that such a ballast water exchange operation will threaten the safety of the vessel or the vessel's crew, or is not feasible due to vessel design limitations or equipment failure. If a vessel relies on this exemption, then it may discharge ballast water into waters of the state, subject to any requirements of treatment under subsection (2) of this section and subject to section 5 of this act.

       (2) After July 1, 2002, discharge of ballast water into waters of the state is authorized only if there has been an open sea exchange or if the vessel has treated its ballast water to meet standards set by the department. When weather or extraordinary circumstances make access to treatment unsafe to the vessel or crew, the master of a vessel may delay compliance with any treatment required under this subsection until it is safe to complete the treatment.

       (3) The requirements of this section do not apply to a vessel discharging ballast water or sediments that originated solely within the waters of Washington state, the Columbia river system, or the internal waters of British Columbia south of latitude fifty degrees north, including the waters of the Straits of Georgia and Juan de Fuca.

       (4) Open sea exchange is an exchange that occurs fifty or more nautical miles offshore. If the United States coast guard requires a vessel to conduct an exchange further offshore, then that distance is the required distance for purposes of compliance with this chapter.

       NEW SECTION. Sec. 5. The owner or operator in charge of any vessel covered by this chapter is required to ensure that the vessel under their ownership or control complies with the reporting and sampling requirements of this section.

       (1) Vessels covered by this chapter must report ballast water management information to the department using ballast water management forms that are acceptable to the United States coast guard. The frequency, manner, and form of such reporting shall be established by the department by rule. Any vessel may rely on a recognized marine trade association to collect and forward this information to the department.

       (2) In order to monitor the effectiveness of national and international efforts to prevent the introduction of nonindigenous species, all vessels covered by this chapter must submit nonindigenous species ballast water monitoring data. The monitoring, sampling, testing protocols, and methods of identifying nonindigenous species in ballast water shall be determined by the department by rule. A vessel covered by this chapter may contract with a recognized marine trade association to randomly sample vessels within that association's membership, and provide data to the department.

       (3) Vessels that do not belong to a recognized marine trade association must submit individual ballast tank sample data to the department for each voyage.

       (4) All data submitted to the department under subsection (2) of this section shall be consistent with sampling and testing protocols as adopted by the department by rule.

       (5) The department shall adopt rules to implement this section. The rules and recommendations shall be developed in consultation with advisors from regulated industries and the potentially affected parties, including but not limited to shipping interests, ports, shellfish growers, fisheries, environmental interests, interested citizens who have knowledge of the issues, and appropriate governmental representatives including the United States coast guard.

       (a) The department shall set standards for the discharge of treated ballast water into the waters of the state. The rules are intended to ensure that the discharge of treated ballast water poses minimal risk of introducing nonindigenous species. In developing this standard, the department shall consider the extent to which the requirement is technologically and practically feasible. Where practical and appropriate, the standards shall be compatible with standards set by the United States coast guard and shall be developed in consultation with federal and state agencies to ensure consistency with the federal clean water act, 33 U.S.C. Sec. 1251-1387.

       (b) The department shall adopt ballast water sampling and testing protocols for monitoring the biological components of ballast water that may be discharged into the waters of the state under this chapter. Monitoring data is intended to assist the department in evaluating the risk of new, nonindigenous species introductions from the discharge of ballast water, and to evaluate the accuracy of ballast water exchange practices. The sampling and testing protocols must consist of cost-effective, scientifically verifiable methods that, to the extent practical and without compromising the purposes of this chapter, utilize easily measured indices, such as salinity, or check for species that indicate the potential presence of nonindigenous species or pathogenic species. The department shall specify appropriate quality assurance and quality control for the sampling and testing protocols.

       NEW SECTION. Sec. 6. The shipping vessel industry, the public ports, and the department shall promote the creation of a pilot project to establish a private sector ballast water treatment operation that is capable of servicing vessels at all Washington ports. Federal and state agencies and private industries shall be invited to participate. The project will develop equipment or methods to treat ballast water and establish operational methods that do not increase the cost of ballast water treatment at smaller ports. The legislature intends that the cost of treatment required by this chapter is substantially equivalent among large and small ports in Washington.

       NEW SECTION. Sec. 7. The legislature recognizes that international and national laws relating to this chapter are changing and that state law must adapt accordingly. The department shall submit to the legislature, and make available to the public, a report that summarizes the results of this chapter and makes recommendations for improvement to this chapter on or before December 1, 2001, and a second report on or before December 1, 2004. The 2001 report shall describe how the costs of treatment required as of July 1, 2002, will be substantially equivalent among ports where treatment is required. The department shall strive to fund the provisions of this chapter through existing resources, cooperative agreements with the maritime industry, and federal funding sources.

       NEW SECTION. Sec. 8. (1) Except as limited by subsection (2) or (3) of this section, the director or the director's designee may impose a civil penalty or warning for a violation of the requirements of this chapter on the owner or operator in charge of a vessel who fails to comply with the requirements imposed under sections 4 and 5 of this act. The penalty shall not exceed five thousand dollars for each violation. In determining the amount of a civil penalty, the department shall consider if the violation was intentional, negligent, or without any fault, and shall consider the quality and nature of risks created by the violation. The owner or operator subject to such a penalty may contest the determination by requesting an adjudicative proceeding within twenty days. Any determination not timely contested is final and may be reduced to a judgment enforceable in any court with jurisdiction. If the department prevails using any judicial process to collect a penalty under this section, the department shall also be awarded its costs and reasonable attorneys' fees.

       (2) The civil penalty for a violation of reporting requirements of section 5 of this act shall not exceed five hundred dollars per violation.

       (3) Any owner or operator who knowingly, and with intent to deceive, falsifies a ballast water management report form is liable for a civil penalty in an amount not to exceed five thousand dollars per violation, in addition to any criminal liability that may attach to the filing of false documents.

       (4) The department, in cooperation with the United States coast guard, may enforce the requirements of this chapter.

       NEW SECTION. Sec. 9. By December 31, 2005, the natural resources committees of the legislature must review this chapter and its implementation and make recommendations if needed to the 2006 regular session of the legislature.

       NEW SECTION. Sec. 10. The departments of fish and wildlife and ecology shall invite representatives from the United States department of defense to discuss ways of improving ballast water management in Washington state. The departments, in cooperation with the United States coast guard shall seek input from other coastal states and the Providence of British Columbia in conducting the study and in formulating recommendations. The departments shall provide the most appropriate forum to stimulate dialogue which can result in specific policies and action protocols. The departments shall make recommendations concerning proposals for laws and rules that will guarantee the same level of public and private compliance to protect the marine environment. The legislature wishes to ensure that vessels exempted from this act by section 3(1)(a) of this act are taking adequate precautions to prevent the introduction of nonindigenous species into the waters of the state. The departments of fish and wildlife and ecology shall submit a report to the legislature by December 31, 2001, summarizing the results of these discussions.

       NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

       NEW SECTION. Sec. 12. Sections 1 through 9 and 11 of this act constitute a new chapter in Title 75 RCW."

MOTIONS

      On motion of Senator Jacobsen, the following title amendment was adopted:

       On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "adding a new chapter to Title 75 RCW; creating a new section; and prescribing penalties."

      On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 2466, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2466, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2466, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Excused: Senators Fairley, Oke, Sellar and Wojahn - 4.

      SUBSTITUTE HOUSE BILL NO. 2466, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Honeyford, Senator Johnson was excused.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2617, by House Committee on Transportation (originally sponsored by Representatives Radcliff and Morris)

Extending regulation of excursion cruise services.

      The bill was read the second time.

MOTION

      On motion of Senator Goings, the rules were suspended, Engrossed Substitute House Bill No. 2617 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2617.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2617 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.

     Absent: Senator Brown - 1.

     Excused: Senators Fairley, Johnson, Oke, Sellar and Wojahn - 5.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2617, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 2397, by Representatives Scott, Mulliken, Doumit, Mielke, Fisher, Reardon, Edwards, Fortunato, Haigh, Wolfe and Ogden

Revising provisions relating to local government fiscal notes.

      The bill was read the second time.

MOTION

      On motion of Senator Patterson, the rules were suspended, House Bill No. 2397 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2397.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2397 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Excused: Senators Fairley, Oke, Sellar and Wojahn - 4.

      HOUSE BILL NO. 2397, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Eide, Senator Goings was excused.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2647, by House Committee on Commerce and Labor (originally sponsored by Representatives Reardon, Scott, Cooper, Conway, Linville, Cairnes, Dunshee, Kagi, Campbell, Sullivan, Keiser, Kenney, Santos, Haigh and Hurst)

Requiring safety devices for flaggers.

      The bill was read the second time.

MOTION

      Senator Kline moved that the following Committee on Labor and Workforce Development striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. EMERGENCY RULES. (1) The director of the department of labor and industries shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.

       (2) The transportation commission shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.

       (3) The utilities and transportation commission shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.

       (4) Notwithstanding RCW 34.05.350, the emergency rules adopted pursuant to this section shall remain in effect or be adopted in sequence until March 1, 2001, or the effective date of the permanent rules adopted pursuant to section 2 of this act, whichever is earlier.

       (5) The emergency rules adopted pursuant to this section shall be designed to improve options available to ensure the safety of flaggers, and ensure that flaggers have adequate visual warning of objects approaching from behind them.

       (6) In developing emergency rules adopted pursuant to this section, state agencies and commissions shall consult with other persons with an interest in improving safety standards for flaggers. State agencies and commissions shall report, by September 15, 2000, to the senate labor and workforce development committee and the house of representatives commerce and labor committee on the emergency rules adopted pursuant to this section.

       NEW SECTION. Sec. 2. PERMANENT RULES. (1) The director of the department of labor and industries shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards governing flaggers.

       (2) The transportation commission shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards and employment qualifications governing flaggers.

       (3) The utilities and transportation commission shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards and employment qualifications governing flaggers.

       (4) The permanent rules adopted pursuant to this section shall be designed to improve options available to ensure the safety of flaggers, ensure that flaggers have adequate visual warning of objects approaching from behind them, and update employment qualifications for flaggers.

       (5) In developing permanent rules adopted pursuant to this section, state agencies and commissions shall consult with other persons with an interest in improving safety standards and updating employment qualifications for flaggers. State agencies and commissions shall coordinate and make consistent, to the extent possible, permanent rules. State agencies and commissions shall report, by April 22, 2001, to the senate labor and workforce development committee and the house of representatives commerce and labor committee on the permanent rules adopted pursuant to this section.

       Sec. 3. RCW 9.91.020 and 1915 c 165 s 2 are each amended to read as follows: